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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Do any of y'all do oro Bono work need help asap
Cayley Turrin
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Cayley Turrin
answered on Nov 4, 2022

You should contact the public defenders office in your county.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Tennessee on
Q: If someone is accused of choking their spouse, even if it's he said/she said, will that person automatically be arrested

After the choking incident, the very next night in fact, there was another incident. He was not arrested or held the mandated 8 hours. Is the police department negligent in this case?

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Nov 4, 2022

Depends on a wide variety of factors. The hold is a mandatory 12 hours.

1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: With two victims of a crime, is restitution payed one at a time in the state of Tennessee or both receive monthly paymen

I was supposed to receive payment at a certain time only the other victim received payment

Anthony M. Avery
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Anthony M. Avery
answered on Nov 4, 2022

Call the Court Clerk and inquire as to what is going on. It does sound like they forgot you. Have the Docket Number and Defendant's name handy. You could also call the DA that prosecuted the Case.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How much jail time do I get for failing a drug test on community corrections on a 4yr sentence 1st violation
Jon David Rogers
Jon David Rogers
answered on Nov 4, 2022

Generally, when someone violates a community corrections sentence, the original sentence COULD be put into effect. In a CC sentence, there IS credit for time served on probation (aka "street credits"). I say could be put into effect, because it is possible if your PO and the judge are... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Okay what do I do if I am being charged with 39 14 115 citation Tennessee code and I had no knowledge of the crime
Anthony M. Avery
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Anthony M. Avery
answered on Nov 2, 2022

Criminal Simulation can be complicated. Hire an attorney to prepare for a Preliminary Hearing. LEO's believe you were involved in some type of transaction. Do not associate with any drug users, and do not get in any more trouble.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I sold a car with a title loan of 450$ against it . I was charged wit hindering a secured creditor and theft if propert

I have paid the loan off in full . what should I do at Court

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 2, 2022

Those are Felonies, with potential imprisonment. Hire an attorney to put together your purchase and payment proof. It sounds like you never got the title lien released, then transferred it. If in Sessions, prepare for a Preliminary Hearing.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My state probation officer said he email my reporting time an date never did he want take my call or my text messages

An said it may result in a sanction I've been on it four years never been in trouble never failed a drug test

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 2, 2022

Apparently you are in trouble now for a VOP. Hire an attorney to represent you at the Hearing. It is the Judge' s discretion whether you serve the rest of the Sentence incarcerated or not.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My fiance was charged with introduction of contraband for alcohol in the county jail from 2013

He had no idea He was charged for 6 years He was in the county jail left for prison somebody else got caught with it and said it was him.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 2, 2022

Hire an attorney to prepare for a Preliminary Hearing at Sessions. If Indicted, then it will be more difficult, but still hire an attorney now. That is a serious charge.

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: I just received a criminal summons for a $22 check I wrote that was returned due to the fact my bank account had been

Hacked. I made then aware i would be it soon but dealt with an accident in the family and then had covid. I have a court date for next week but can I just not pay this and not have to go to court. I just started a new job as well and cannot miss work. Thank you for your guidance with this matter.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 2, 2022

Probably need to go to Court, pay everything and get it dismissed. Hire an attorney to handle this, but expect to attend Court.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can an aggravated assault be expunged??

Was 16yrs old @ time of charge. Tried as adult. Sentenced to 5 yrs @ 30% on community corrections was given pre trial diversion I believe is what it's called. Violated in 09/2012 with a technical violation sentenced to 30 days day for day then reinstated. Violated in 05/2013 with a... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 31, 2022

It sounds like you blew Diversion. Get a copy of the Judgment from the Court, then hire an attorney to examine your possible Expungement or not.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Whats tha penalty for saleing less thsn a half gram of meth to s friend as a favor i am not a drug dealer thank you
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 31, 2022

It could be a Misdemeanor 1 year, or a Felony 8 year Sentence. Hire a competent attorney, and do not associate with persons involved with drugs.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What does "possessing a firearm with the intent to go armed" exactly mean?

In Tennessee there are multiple levels of carry allowed for a handgun, but they all seem to hinge on the statement that "intent to go armed" makes the possession illegal. If I carry my handgun for self-defense, then surely my intent is to go armed. This limitation makes no sense to a... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 31, 2022

Think of it this way: Under the statutory scheme of carrying handguns - the carrying of all handguns is illegal - because naturally if you are carrying a loaded handgun in public, open or concealed, you are going with the intent to go armed. However, there are exceptions to this rule such as... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: If u r pulled over by dtf and they find your prescription meds on u and u dont have them in your bottle is it a felony
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 28, 2022

Yes, it can be where the LEO performs a lawful stop and finds evidence of drug dealing. Your medication needs to be in its specific bottle or carry the prescription with you.

1 Answer | Asked in DUI / DWI and Criminal Law for Tennessee on
Q: What can happen if someone violates probation for a second time?

My fiance has been on probation for at least 10 years. He is on the sex offenders list. Got arrested twice for public intoxication. The dates are 9/26/22 &10/3/22

Jon David Rogers
Jon David Rogers
answered on Oct 27, 2022

Quite often it depends on the nature of the violation, his performance on probation overall and the jurisdiction he is in. Aside from the arrests for public intoxication, if his performance on probation has been good otherwise, regarding completing classes, paying fees, maintaining contact with... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: I have 2 misdemeanors showing on my record from 2014. Can I get them exponged?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 26, 2022

Possibly, but most convictions are not. You will need to get copies of the actual Warrants/Judgments. Hire an attorney to see if they are subject to Expungement.

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My husband got arrested for aggravated assault and I some of what I told the cops and wrote on statement were a lie

He should not be charged with aggravated assault I was mad and said things that weren’t true and wrote things on statement that wasn’t true. I want him out of jail and back with me

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 24, 2022

Hire an attorney to represent and advise you. Defendant definitely needs an attorney also. That is a serious charge with permanent consequences. Do not talk to anyone else about this, especially the State.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can interference with an emergency call be upgraded to a felony? If so, when is that applicable and what is penalty ?

My husband assaulted me on Friday evening. He has been charged with 3 felonies.

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Oct 20, 2022

Depends on the full circumstances.

1 Answer | Asked in Criminal Law for Tennessee on
Q: my friend got accused of hayleys lay i can prove that hes innocent
Cayley Turrin
PREMIUM
Cayley Turrin
answered on Oct 20, 2022

They need to get an attorney immediately.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What happens to a person who has methamphetamine with parafinala first time offense.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 17, 2022

It may be two Class A Misdemeanors, or include a Class B Felony. Hire a competent attorney now to prepare for a Preliminary Hearing and/or a Misdemeanor Conviction. Diversion may be offered, and drug treatment may be needed. No more charges while you are on Bond.

1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: Before my preliminary hearing what information should I have or know...

My attorney has not told me anything so how can I have a defense

I know my charges yes however I don't know what evidence is against me or witnesses are against me...

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 13, 2022

Defendants have no right to discovery at the Sessions level. But you should at least read what is in the Arrest Warrant, as sometimes subpoenas, implied consent forms, fingerprints, etc. are with the Warrant. Might need another attorney.

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